United States v. Serawop
United States Court of Appeals for the Tenth Circuit
410 F.3d 656 (2005)
Redd Rock Serawop (defendant), caring for an infant while her mother served a short jail sentence, admitted causing the fatal head injuries that killed the inconsolable infant, claiming the injuries were accidental or inflicted in the heat of passion from caregiving stress. The trial judge instructed the jury on second-degree murder, voluntary manslaughter, and involuntary manslaughter, but failed to instruct that both second-degree murder and voluntary manslaughter share the element of general intent to kill or seriously harm, or depraved-heart recklessness; the jury acquitted Serawop of murder but convicted him of voluntary manslaughter, and he appealed the instructional omission.
Whether a jury instruction on voluntary manslaughter that omits the shared intent or reckless-mental-state element with second-degree murder constitutes prejudicial error requiring reversal of a voluntary manslaughter conviction.